Please review these terms and conditions of use carefully before using the Websites.
This document states the terms and conditions of use.
We will provide service to you on website, including, without limitation on the “Website”. These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.
Eligibility
You need to be at least the age of majority in your jurisdiction and in no case younger than 18 years old.
You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law.
Grant of use
Subject to our Terms of Use and other policies, we grant you a non-exclusive, non-transferable, limited access, non-public display right to use the Website.
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display and use the Site, including all content available on it (“Content”) on your computer or mobile device in accordance with these Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice.
Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your profile, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/or (iii) remove and/or delete any of your data submissions (defined below). You agree not to use or attempt to use the Website after said termination.
Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third-party for the termination of your grant of use.
Intellectual Property
The Content on the Website, excluding data submissions and Third-Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
Data Submissions
All your content on our website, it still belongs to you and you are solely responsible for it.
However, we are licensed to use it and other users will have access to it and save it.
You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Website, including photos, videos or any other communications or profile information “Data Submissions”. You acknowledge that any disclosure of personal information in data submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to data submissions.
You will be solely responsible for all your own data submissions and for all consequences of posting, uploading or otherwise making them available. For any of your data submissions, you affirm, represent and/or warrant that:
You own or have the necessary licenses, permissions, rights or consents to use and you authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights and data submissions for any and all contemplated uses by the website.
You will not upload, or allow anyone else to upload, any material that depicts a person under the age of eighteen (18) and that you have inspected and maintain written documentation, to confirm that all persons in your Data Submission are, in fact, over eighteen (18) years of age.
You have written consent, release and/or permission from any and all identifiable persons in the data submission to use the name and/or likeness of any and all such identifiable persons to enable use of the data submission data for each and every one of the uses contemplated by the websites.
You further agree that you will not submit material that: is copyrighted, protected by trade secret or trademark law, or subject to the proprietary rights of third parties, including rights of privacy and publicity, unless you are the owner of such rights or have explicit permission from the owner legitimate to submit the material and to grant all license rights granted herein;
Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libellous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
It is advertising, promotion, “spam” or any other form of unsolicited or unauthorized solicitation.
We do not claim ownership or control over the data submissions or Third Party Content. You or a third party licensor, as applicable, retain all copyrights in Data Submissions and you are responsible for protecting those rights as applicable.
You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, non-cancellable, sublicensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works from, and otherwise exploit the data submissions for any purpose, including without limitation any purpose contemplated by the terms.
In addition, you also grant other users of the Website a right and license to display and download data submissions in connection with your use of the Website and for other personal uses. You also irrevocably waive and cause to be waived against us and any of our users any claim and assertion of moral rights or attribution with respect to data submissions.
You represent and warrant that you have all rights, power and authority necessary to grant the rights in this document to the data submissions.
Specifically, you represent and warrant that you own title to the data submissions, that you have the right to upload the data to the Website, and that uploading the data submissions will not infringe the rights of any other party or your contractual obligations to other parties. .
You acknowledge that we may, in our sole discretion, refuse to post, remove, or block access to any Data Submission for any or no reason, with or without notice.
Without limiting the other indemnification provisions contained herein, you agree to defend us against any claim, demand, demand or proceeding made or brought against us by any third party that alleges that your data submissions or use of the website in violation of these Terms violates or misappropriates the intellectual property rights of a third party or violates applicable law and you shall indemnify us for all damages against us and for reasonable attorneys’ fees and other costs incurred by us in connection with any such claim, demand, demand or process.
Services on Website
We offer you and other users many ways to use the Website (which may change in our discretion). We may offer chat sessions, contact form, video-chat where you can chat with other users on the website while viewing the profile/business page. You acknowledge that there may be further services added or that some of the forgoing services may be modified or removed in our discretion and all such services will be in accordance with the rules that we may post on the Website, as they may be modified from time to time.
We rely on our customers/visitors to report content that they find inappropriate. If we become aware of any violation of these Terms of Use and/or inappropriate messages or content, we reserve the right to terminate your access to the Website without any further liability.
You acknowledge that all customers and other users may engage in any activity at their discretion in accordance with the terms of this agreement and other rules and regulations posted on the Website and consistent with the functionality of the website. You acknowledge that a customer may decline to participate in any activity at their discretion. Without limiting the general release provisions below, if you have a dispute with any customer, you acknowledge that your dispute is solely with such customers and you release us from any liability.
All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website;
Information that will allow us to contact you, including your address, telephone number and, if available, your email address;
A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts of the Romanian and the location(s) in which the purported copyright owner is located; and
A statement that you will accept service of process from the purported copyright owner or its agent.
Content on the Website
We’re not liable for third-party content on our site (like links and advertisements for example) and we don’t endorse what they contain. If you end up using anything provided by these third parties, it’s your responsibility to read and accept their policies.
You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users and through automated or other means (collectively, “Third-Party Content”) and that we do not control and are not responsible for any Third-Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
We claim no ownership or control over Third-Party Content. Third parties retain all rights to Third-Party Content and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Websites for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including data submissions and Third-Party Content), and assume no responsibility for the conduct of others submitting any such content (including data submissions and Third-Party Content).
Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including data submissions and Third-Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
By uploading content on the Website (including all content uploaded), you are freely consent and grant a non-revocable license to Shopsfile, its affiliates and agents, to use the name, titles, text, videos, pictures, and voice uploaded on the Website as they see fit. You further understand and consent that the content will appear publicly as part of Shopsfile website as well as third-party websites and/or other marketing materials. The content will be subject to Shopsfile privacy policy and terms of use and conditions as well as the terms of use of the third-party websites.
User Conduct
Please don’t use our site to break (or bend) the law, we won’t be able to help you. There is a long list of prohibited actions which can be found in the detailed version down, please read them, and follow them. However, the law requires us to monitor, record and log your activity on our website.
You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the data submissions to us, and (iii) perform the acts required of you under these Terms.
You hereby expressly authorize us to monitor, record any of your activities on the Website, including your chats, messages, interactions with other users and User Submissions.
As a condition of your use of the Website:
You agree not to use the Websites for any unlawful purpose or in any way that is prohibited by these Terms;
You agree to abide by all applicable local, state, national and international laws and regulations;
You agree not to use the Websites in any way that exposes us to criminal or civil liability;
You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website;
You agree that all your data submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
You agree not to use or attempt to use the third party account on the Websites without authorization;
You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
You agree not to use the Website to collect usernames and/or email addresses for sending unsolicited messages of any kind;
You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
You agree not to “stalk” or otherwise harass anyone on or through the Website;
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
You agree not to post, link to, or otherwise make available on the Website any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any Content to any third-party;
You agree not to “frame” or “mirror” the Website;
You agree not to reverse engineer any portion of the Website.
You agree not to use a name/username of a hateful, racist, defamatory, ethnically offensive nature or any username related to children, terrorist organization and/or any other sites.
We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user’s use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
Identity verification
Everyone must have their identity verified if they want to have any content on our website. For verification, we need 2 things:
– your ID/passport with your photo
This verification is mandatory for all those who wish to have some content on the Website.
Any content from an unverified person will not be published on the Website until the verification process is complete.
Once the verification procedure is complete, our moderation team will moderate the content and, if it complies with the relevant rules and regulations, it will be published.
Everyone must provide a clear copy of a valid government-issued ID or passport with a photo.
Failure to comply with a verification request, providing false or misleading information during the verification process, or attempting to circumvent our verification review systems, may result in permanent blocking and access to the website.
Modification of These Terms
Yes. We sometimes update, delete, try out new things, or give our site mini makeovers. We do not always send notifications regarding these changes, so please refer to our detailed version of Terms.
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments.
YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
Indemnification and Release
You agree to compensate us for any claim or demand (including where we have to pay lawyers’ fees) from any third-party that comes as a result of you breaching these terms when using our website and/or breaking the law.
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
Disclaimer of Warranties and Limitations of Liabilities
We are always trying to offer the best experience to our users but sometimes we might fail. We exclude and limit our liability for many things. Please refer to the detailed version for more information.
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third-party websites.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED 100€.
Alternative Dispute Resolution (ADR)
If there is any disagreement between you and us, it will be resolved by arbitration. It means that we will both agree on a “middle” person who will work to resolve the issue out of court.
Any dispute, controversy or claim arising out of or related to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be resolved by arbitration in accordance with the Rules for Alternative Dispute Resolution applicable in Romania, the Rules of which are considered incorporated by reference in this clause. The seat or legal place of arbitration shall be Romania. The law applicable to these Terms and Conditions shall be the law of Romania.
Choice of law and venue
Everything we do is governed by Romanian law.
To the maximum extent permitted by law, these Terms, as well as any claim, cause of action or dispute that may arise between you and us, are governed by the laws of Romania without regard to its conflict of law provisions. FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND EXCLUSIVE VENUE OF THE COURTS OF ROMANIA. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND SEAT OF THE COURTS OF ROMANIA AND WHEREVER ELSE YOU ARE FOUND.